Guramanpreet Singh vs State Of Punjab

Harsimran Singh Sethi, J

The petitioner is seeking anticipatory bail in FIR No. 0162 dated 21.11.2021 registered under Sections 332, 341, 353, 186, 427, 506, 148 & 149 of the IPC at Police Station Dhanaula, District Barnala.

Learned counsel for the petitioner submits that in terms of order this Court dated 16.12.2021, petitioner Gurmanpreet Singh has joined investigation. Order dated 16.12.2021 is as under:-

“The present petitions have been filed under Section 438 Cr.P.C. for the grant of anticipatory bail to the petitioners in respect of FIR No.0162 dated 21.11.2021 registered under Sections 332, 341, 353, 186, 427, 506, 148 & 149 of the IPC at Police Station Dhanaula, District Barnala.

Learned counsel for the petitioners argues that the incident relates to a sudden fight between the petitioners and the complainant and no specific injury has been attributed to the petitioners. Learned counsel for the petitioners submits that even otherwise, all the injuries stated to have been received by the victim are simple in nature and the other co-accused namely, Navdeep Singh @ Navi has already been extended the benefit of anticipatory bail by this Court vide order dated 10.12.2021 passed in CRM-M-51657-2021 and as the petitioners are ready to join and cooperate in investigating, they may kindly be granted benefit of anticipatory bail.

Notice of motion for 21.02.2022.

Mr. Sandeep Singh Deol, DAG, Punjab, who is present in the Court accepts notice on behalf of the respondent-State.

Learned State counsel submits that though, the injuries stated to have been received by the complainant are simple in nature but, the alleged incident was caught in CCTV camera, wherein, the petitioners have been seen inflicting injuries upon the victim. Learned State counsel concedes that as of now nothing is to be recovered from the petitioners.

I have heard learned counsel for the parties and have gone through the record with their able assistance.

As nothing is to be recovered from the petitioners as of now and concededly the injuries stated to have been received by the victim are simple in nature and as the petitioners are ready to join and cooperate in investigation, the petitioners have made out a case for the grant of benefit of anticipatory bail.

The petitioners are directed to join the investigation forthwith. In the event of their arrest, they shall be released on interim bail to the satisfaction of the Arresting Officer/Investigating Officer on their furnishing bail bonds/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer subject to the following conditions:-

(i) That they shall make himself available for interrogation by the police officer as and when required.

(ii) That they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing the said facts to the Court or to any police officer.

(iii) That they shall not leave India without prior permission of the Court.

(iv) That they shall abide by all the conditions as enshrined under Section 438(2) Cr.P.C.

A photocopy of this order be placed on the file of connected case.”

Learned State counsel, on instructions from ASI Nirmal Singh states that in terms of the order of this Court reproduced before, petitioner Gurmanpreet Singh has joined the investigation.

In view of the above, the order dated 16.12.2021 granting interim bail to the petitioner is made absolute.

However, petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

In case at any given point of time hereinafter, it is felt by the Investigating Agency that petitioner is required for the investigation but is not co-operating, it will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.